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Home My WebLink About1988-01-05; City Council; 9240-1; Street Vacation: Alley between Pine Ave & Oak Ave.* P W w 0 0: e e 4 2 a 0 E 8 d 0 z 3 CIT”3F CARLSBAD - AGEND-ILL STREET VACATION OF THE ENTIRE PUBLIC ALLEY BETWEEN PINE AVENUE ATG. 1-5-88 IEPT. FNG- AND OAK AVENUE RECOMMENDED ACTION: Adopt Resolution No. fg-7 vacating the entire public alley between Pine Avenue and Oak Avenue subject to certain reservations. ITEM EXPLANATION The City Council on December 15, 1987, adopted Resolution No. 9317, a Resolution of Intention to vacate the entire public alley between Pine Avenue and Oak Avenue. The City Council set January 5, 1988, at the hour of 6 P.M. as the time and the City Council Chambers, 1200 Elm Avenue, as the place for a public hearing for all persons interested in or objecting to said proposed vacation. All utility companies have been notified. The request to vacate the public alley was made by the Carlsbad Union Church and Robert H. and Martha E. Barker. They are the owners of all the property adjacent to the proposed alley vacation. On June 17, 1987 the Carlsbad Planning Commission approved C.U.P. 297 for the Carlsbad Union Church subject to the approval of this alley vacation. Final approval of C.U.P. 297 is contingent upon the granting a vacation of a portion of the public alley by the Carlsbad City Council. In June, 1985 the Carlsbad Utilities and Maintenance Department performed some reconstructive work on the alley at a cost of $18,404.00. A condition to the approval of the alley vacation will require the owners to reimburse the City for money expended to upgrade the existing alley. Staff has reviewed the request and concluded that the existing alley is not needed for any foreseeable street circulation purposes. The owners have also agreed to grant reciprocal access easement rights upon the entire alley for use by the apartment tenants and church patrons. The utility companies have been notified of the vacation and the street vacation resolution will specify that any existing uti1 ity easements will remain. The resolution shall also specify that the street vacation shall not be recorded by the City Clerk until the City is reimbursed of the funds expended on upgrading the alley, ($18,404.00). FISCAL IMPACT Approval of this vacation will result in approximately 8,000 square feet of land to be returned to the tax rolls. I Page 2 of Agenda Bill No. ?.?YO I EXHIBITS 1. Location Map 2. Resolution No. g8-7 vacating the entire public alley between / Pine Avenue and Oak Avenue subject to certain reservations. i PROJECT NAMESTREET VACATION OF THE WBLIC ALLEY BETWEEN PINE AND OAK AVE. L~CATION MAK I *I OAK AVENUE EXHIBIT 1 (n CHURCH PROPERTY * I .. ‘I 5 I I H ALLEY BEING VACATED - r ,Recording Requested By and Return To: City Clerk : Y" - 106'2 - 4 cia 7v 6 at 9 10 11 12 13 14 15 9 2 3 BE IT RESOLVED by the City Council of the City of Carlsbad, California, * > 3 s follows: 1. That all publication and posting notices regarding theA proposed acation of the entire public alley between Pine Avenue and Oak Avenue pursuant o Resolution of Intention No. 9317, have been given as required by law. 2. That the City Council did hear the evidence offered by all persons interested in said proposed vacation and does find from all the evidence submitted that the entire public alley between Pine Avenue and Oak Avenue, in the City of Carlsbad, County of San Diego, State of California, particularly described and shown on Exhibit "A", and Exhibit "B" attached hereto and by this reference incorporated herein, is unnecessary for present or prospective street purposes and does hereby make this order vacating the entire public alley RESOLUTION NO. 88-7 17 18 19 20 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, VACATING THE ENTIRE PUBLIC ALLEY BETWEEN PINE AVENUE AND OAK AVENUE. 3. That any existing easements for all existing utilities will remain and not be vacated. 4. That the City Clerk shall not record this Resolution of vacation until such time that the City is reimbursed for the funds already expended on upgrading the alley. This amount being $18,404.00. /// , /// /// /// /// /// /// between Pine Avenue and Oak Avenue. /I 22 23 24 25 26 27 28 I ‘1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 - 4- 1063 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City ouncil held on the 5th day of January ,1988 by the following vote, to lit: AYES: Councii Members Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ABSTAIN: Council Member Lewis LTTEST: llAkA0- .prd7- LLETKA L. RAUTENKRANZ, City Cyerk SEAL) 2 - . "c, 1064 ALLEY VACATION .That portion of Block 58 of'the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 775, filed in the Office of the County Recorder of San Diego County, February 15, 1894, more particularly described as follows: Beginning at the Northeast corner of Lot 16 of said Block 58; thence South 35' 12' 24" East 150.13 feet (record 150.00 feetl'to the Southeast corner of Lot 11 of said Block 58; thence North 54' 47' 36" East 10.00 feet; thence North 35' 12' 24" West 150.13 feet; thence South 54' 48' 18" West 10.00 feet to the TRUE POINT OF .BEGINNING. Jefferson Street Apartments March 14, 1987 EXHIBIT *A" - eb 1065 I STREET VACATION OAK AVE'NUE' Gi Af. 54 ' 4 7' 3 6'ZG /o. 00' co I---- I- - :. r\, Q I I' -. 1066 TRAVERSE CALCULATIONS ............................................................. ALLEY VACATION JOB NO. UNION CHURCH JEFFERSON STREET APARTMENTS DATE: 3-1 4-87 ---_----------------_______________^____--------------------- PT.NO. BEARING DISTANCE NORTH EAST 1 1000.0000 1000.0000 1086.5541 2 877.3321 1094.7249 3‘ 883.0974 4 1005.7653 1008.1708 CLOSING PT. 1000.001 7 999.9988 CLOSURE BEARING LENGTH N E S 35 12 24 E 150.130 N 54 47 36 E 10.000 N 35 12 24 W 150.130 S 54 48 18 W 10.000 . ............................................................. S 35 08 36 E 0.0020 0.002 -0.001 TRAVERSE LENGTH AREA : SQ.FT. ACRES PRECISION: 1 IN - 320.260 1601 30 1501.30 0.0345 w- 1067 ALLEY VACATION That portion of l3loclc 58 of the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 775, filed in the Office of the County Recorder of San Diego County, February 15, 1894, more particularly described as follows: Beginning at the Southwest corner of Lot 32 of said Block 58; thence North 35' 12' 24'' West 400.36 feet (record 400.00 feet) to the Northwest corner of Lot 17 of said Block 58; thence South 54" 48' 18'' West 10.00 feet; thence South 35' 12' 24'' East 150.13 feet; thence South 54' 47' 36'' West 10.00 feet to the Northeast corner of Lot 10 of said Block 58; thence South 35" 12' 24" East 250.23 feet (record 250.00 feet) to the Southeast corner of Lot 1; thence North 54' 48' 30" East 20.00 feet to the TRUE POINT OF BEGINNING. Carlsbad Union Church Combination March 14, 1987 EXHIBIT ':B" -. "- 1068 TRAVERSE CALCULATIONS ............................................................. ALLEY VACATION JOB NO. UNION CHURCH CARLSBAD UNION CHURCH COMBINATION DATE: 3-1 4-87 ............................................................. PT.NO. BEARING . DISTANCE NORTH EAST 1 1000.0000 1000.0000 2 1327.1 253 769.181 4 3 1321 .3616 761 .0095 4 11 98.6938 847.5636 5 11 92.9285 839.3928 6 * 988.4711 983.6573 CLOSING PT. 999.9974 1000.001 8 CLOSURE BEARING LENGTH N E N 35 12 24 W 400.360 S 54 48 18 W 10.000 S 35 12 24 E 150.130 S 54 47 36 W 10.000 S 35 12 24 E 250.230 N 54 48 30 E 20.000 ............................................................. N 35 14 21 W 0.0032 -0.003 0.002 TRAVERSE LENGTH AREA : SQ.FT. ACRES PRECISION: 1 IN - 840.720 262725 6505.91 0.1494 s A! 54"48'/8"E. /7 /o.oo* Al 54°4i'30% 3 79. t9p t L Pl NE AVENUE I 8' I 'e I' r . .'\ "C ,... ..,. _._... " ._.._.._..__,._., ..-- -. . ..'* 1070 -88 014095 MQ FEE Carlsbad Journal Decreed A Legal Newspaper by the Superlor Court of Sun Diego County Mail all correspondence regardlng public notlce advertlslng to North Coast Publishers, Inc. corporate offices: P 0. Box 878, Encinttas. CA Y2024 (6 19) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid, I am over the age of eighteen years, and not a party toor interested in the above entitled matter I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, Sfate of Californra and which newspaper ts published for the dissemination of local news and inteIlIgence of a general character, and which newspaper at all times hereln mentioned had and still has a bona fide subscription IIst of paying subscrlbers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceedinq one veur next RESOLUTION NO. 9317 A RESOLUTlON OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA. DECLARING ITS INTENTION TO VACATE THE ENTIRE PUBLIC BETWEEN PINE AVENUE AND OAK AVENUE. ALLEY RIGHT-OF-WAY HE IT RESOLVED by the City Council of the City of Carlsbad, California. as follows: 1 The City Council of the Ci@ Of CarIsbad,hereby declares its in- tion to..preceed. undt?l"the WL: sion of the Publiq>Sttwts, Hgh- ways. and Service EEseIUent Vaca- tionlawof 1981, tova6atetheentire public alley righr.of-way between Pine Avenue and Oak Avenue, lo- cated in the City of Carlsbad. Coun- ty Of San Diego. State ofCalifornia. particularly described on Exhibit "A'. attached hereto and by this reference incorporated herein. 2 The owner8 of all the property adjacent to the alley (Carlshad Union Church and Robert H. and Martha E. Barker) will deposit with the City the sum of $18.404.00 prior to the authorization by the City Clerk for the recordation of the vacation document. 3. A public hearing shall be held at theClty Council Chamber at 1200 Elm Avenue. Carlsbad. California. at 6:OO p.m. on JanuarS. 9.1988 for all persons interested in or objecting to said proposed vacation PASSED. APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 15th day of December. 1987 by the following vote, to wit: AYES: Council Members Lewis. Kulchin. Pettine. Mamaux and Larson NOES: None ABSENT: None CLAUDE A. LEWIS Mayor ATTEST: ALETHA L RAUTENKRANZ City Clerk (SEAL) I b202 LOCATION MAP ALLEY BEING VACATED - CJ 3718 December 23 1987 preceding the date of publication of the notice hereinafter referred to, and that the notlce of which the annexed is a printed copy, has been published in each regular and entlre issue of said newspaper and not in any supplement thereof on the following dates, to-wlt December 23 87 19. . 19 19 .... .... .... 19 19 I certify under penalty of perjury that the foregoine is true and correct. Executed at Carlsbad, County of San Diego, State of California on +jke$3r$ __ - day of ~- --7$L+- ~ ~~ Clerk of the Printer